Mutual Conduct Can Waive Written Change-Order Clauses (Even with “No-Waiver-Except-Writing” Language) and Permit Equitable Recovery for Extra-Contract Work 1. Introduction RJH Builders, LLC v. Robert...
ADA Pleading Rule for Court-Record Access: Denial Based on Nonpublic Status Is Not Disability Discrimination or Retaliation Without Plausible Disability-Based Causation Introduction In Lawson v....
Anonymous Safe2Tell Tips Can Justify a School Backpack Search When Independently Corroborated Under T.L.O.’s Reasonable-Suspicion Standard Introduction In People ex rel. T.J.W., 2026 CO 38, the...
UM Insurers Must Specifically and Promptly Plead Legitimate Defenses; C.R.C.P. 9(b) Applies Only to Fraud or Mistake Case: Progressive Direct Ins. Co. v. Ortiz, 2026 CO 40, 24SC440 (Colo. Jun 01,...
Termination Rights Are Bankruptcy Estate Property: § 203 Copyright Termination Interests Pass Into Chapter 7 Under § 541 and Remain with the Estate if Unscheduled I. Introduction Lil' Joe Records,...
Allen v. Milligan (2026): Callais “Just as Well” Alternative-Map Requirement and Party-Controlled Racial-Bloc Proof Drive Emergency Stays 1) Introduction Allen v. Milligan (per curiam) arises from...
Enforcing Appeal Waivers and Rule 11’s “Low Bar” Factual-Basis Standard After a Plea-Withdrawal Breach I. Introduction In United States v. Justin Deshun Stiger (6th Cir. June 2, 2026), the Sixth...
Chavez v. Blanche: Forfeiture of Defective-NTA Objections After Close of Pleadings and Evidentiary Requirements for U-Visa-Based Administrative Closure 1. Introduction In Chavez v. Blanche (5th Cir....
Competitor Lawyers Cannot Sue for Illegal Solicitation Absent Direct Property Injury; Civil RICO Requires Direct, Non-Attenuated Causation Case: CAMBRE & ASSOCIATES, LLC et al. v. LAZENBY et al.,...
Mandatory Ten-Day Hearing on DVPO Appeals: Circuit Courts Must Hold a Hearing Unless Affirmatively Waived Introduction In Tyler E. v. B.E. by Christina E. (W. Va. Sup. Ct. App. June 1, 2026), the...
Plain-Error Scrutiny for “Back-Door” Expert Evidence: Therapy Notes as Unfair Surprise After Expert Exclusion 1. Introduction State of West Virginia v. Brendan W. (Justice Wooton, concurring, in...
Anonymous Safe2Tell Tips Plus Innocent-Detail Corroboration Can Establish Reasonable Suspicion for School Backpack Searches Case: People in Interest of T.J.W., 2026 CO 38 (Colo. June 1, 2026) Court:...
Habeas Petitions Are Exempt from Inmate “Civil Action” Filing-Fee Limits Under § 13-17.5-103 (2026 CO 37) I. Introduction In Gottorff, David v. Coleman, Bryan, 2026 CO 37 (June 1, 2026), the Colorado...
Revocation Sentencing After Esteras: Incorporating “New-Sentence” Reasoning Is Permissible When Revocation Rests on Public Protection and Violation Seriousness Introduction United States v. Thomas...
MAS v. Board of Barbers: “Best Practices” and Internal Policy Deviations Alone Do Not Establish “Generally Accepted Standards of Practice” for License Discipline Introduction In Montana Academy of...
Conclusive “Witness Unavailable” Is Not “Good Cause”: Montana Requires Record-Supported Specificity for Misdemeanor Speedy-Trial Continuances Introduction In City of Helena v. Mayfield, the Montana...
ICWA Diligent-Efforts Challenges Must Be Timely: Acquiescence Waives Later Objections, and Putative Paternity Cannot Trigger ICWA Eligibility Introduction In Matters of L.C., X.P. & N.C., YINC (2026...
Mandamus Lies to Compel SPRTKA-Compliant Sewage Discharge Alerts (and Hybrid Declaratory Claims May Be Summarily Resolved When Parties Chart That Course) 1. Introduction Case: Matter of Riverkeeper,...
Rolling Escrow Deficiencies as Misappropriation: Three-Year Suspension for Persistent Shortages and Non-Reconciliation Commentary on Matter of Silverman, 2026 NY Slip Op 03446 (App Div, 2d Dept June...
Demand-and-Refusal Accrual for Escrow-Fund Claims Against Attorneys (and Pleading Limits for Non-Actors) 1. Introduction Case: Jianjun Qiao v Tang, 2026 NY Slip Op 03430 (App. Div. 2d Dep’t June 3,...